can be obtained from the DoD installation, the DoD Component headquarters, or directly from the Department of Defense, Office of the Deputy Under Secretary of Defense for Environmental Security, 3400 Defense Pentagon, Washington, D.C. 20301-3400. The applications will not be considered complete until the following data elements have been entered into the form: (a) Installation. (b) Source of TAPP request (names of RAB or TRC). (c) Certification of majority request. (d) RAB/TRC contact point for TAPP project. (e) Project title. (f) Project type (e.g. data interpretation, training, etc.). (g) Project purpose and description (descriptions, time and locations of products or services desired). (h) Statement of eligibility project. of (i) Proposed provider, if known. (j) Specific qualifications or criteria for provider. § 203.10 Eligible activities. (a) TAPP procurements should be pursued by the RAB or TRC only to the extent that Federal, State, or local agencies responsible for overseeing environmental restoration at the facility do not have the necessary technical expertise for the proposed project, or the proposed technical assistance will contribute to the efficiency, effectiveness, or timeliness of environmental restoration activities at the installation and is likely to contribute to community acceptance of those activities. (b) TAPP procurements may be used to fund activities that will contribute to the public's ability to provide advice to decision-makers by improving the public's understanding of overall conditions and activities. Categories of eligible activities include the following: (1) Interpret technical documents. The installation restoration program documents each stage of investigation and decision-making with technical reports that summarize data and support cleanup decisions. Technical assistance may be provided to review plans and interpret technical reports for community members of RABS and TRCS. These reports include, but are not limited to: (i) Installation restoration program site studies, engineering documents, such as site inspections, remedial investigations, feasibility studies, engineering evaluation and cost analyses, and decision documents (including records of decision); (ii) Risk assessments, including baseline and ecological risk assessments conducted by the installation; and (iii) Health assessments, such as those conducted by the Agency for Toxic Substances and Disease Registry (ATSDR). (2) Assess technologies. Technical assistance may be provided to help RAB/ TRC community members understand the function and implications of those technologies selected to investigate or clean up sites at the installation. (3) Participate in relative risk site evaluations. Technical assistance may be provided to help RAB/TRC community members contribute to the relative risk evaluation process for specific sites. (4) Understand health implications. Technical assistance may be provided to help RAB/TRC community members interpret the potential health implications of cleanup levels or remedial technologies, or to explain the health implications of site contaminants and exposure scenarios. (5) Training, where appropriate. Technical trainers on specific restoration issues may be appropriate in circumstances where RAB/TRC members need supplemental information on installation restoration projects. § 203.11 Ineligible activities. The following activities are ineligible for assistance under the TAPP program: (a) Litigation or underwriting legal actions, such as paying for attorney fees or paying for a technical assistance provider to assist an attorney in preparing legal action or preparing for and serving as an expert witness at any legal proceeding regarding or affecting the site. (b) Political activity and lobbying as defined by OMB Circular A-122. (c) Other activities inconsistent with the cost principles stated in OMB Circular A-122, "Cost Principles for NonProfit Organizations." (d) Generation of new primary data, such as well drilling and testing, including split sampling. (e) Reopening final DoD decisions, such as the Records of Decision (see limitations on judicial review of remedial actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Section 113(h)) or conducting disputes with the Department of Defense). (f) Epidemiological or health studies, such as blood or urine testing. (g) Community outreach efforts, such as renting a facility and conducting public meetings, or producing and distributing newsletters. $203.12 Technical assistance for public participation provider qualifications. (a) A technical assistance provider must possess the following credentials: (1) Demonstrated knowledge of hazardous or toxic waste issues and/or laws. (2) Academic training in a relevant discipline (e.g., biochemistry, toxicology, environmental sciences, engineering). (3) Ability to translate technical information into terms understandable to lay persons. (b) A technical assistance provider should possess the following credentials: (1) Experience working on hazardous or toxic waste problems. (2) Experience in making technical presentations. (3) Demonstrated writing skills. (4) Previous experience working with affected individuals or community groups or other groups of individuals. (c) The technical assistance provider's qualifications will vary according to the type of assistance to be provided. Community members of the RAB/TRC may suggest additional provider qualifications as part of the application for technical assistance. These additional qualifications may be used by the Department of Defense to target the most appropriate providers during the procurement process. Exam ples of such criteria could include prior work in the area, knowledge of local environmental conditions or laws, specific technical capabilities, or other relevant expertise. §203.13 Procurement. Procurements will be conducted as purchase orders in accordance with the FAR (48 CFR part 13). Under these procedures, procurements not exceeding $100,000 are reserved exclusively for small businesses, and will be conducted as competitive procurements. Procurements below a value of $2,500 are considered "micro-purchases." These procurements do not require the solicitation of bids and may be conducted at the discretion of the contracting offi cer. § 203.14 RAB/TRC_reporting require ments. The community point of contact of the RAB or TRC must submit a report, to be provided to the installation and to DUSD(ES), to enable the Department of Defense to meet DoD reporting requirements to Congress. This report should include a description of the TAPP project, a summary of services and products obtained, and a statement regarding the overall satisfaction of the community member of the RAB or TRC with the quality of service and/or products received. § 203.15 Method of payment. The SAP set forth in FAR (48 CFR part 13) require purchase orders to be conducted on a firm-fixed-price basis, unless otherwise authorized by agency procedures. The Department of Defense anticipates all TAPP awards to be firm-fixed-price procurements. § 203.16 Record retention and audits. The recipient technical assistance providers shall keep and preserve detailed records in connection with the contract reflecting acquisitions, work progress, reports, expenditures and commitments, and indicate the relationship to established costs and schedules. § 203.17 Technical assistance provider reporting requirements. Each technical assistance provider shall submit progress reports, financial status reports, materials prepared for the RAB/TRC, and a final report to the DoD installation for the TAPP project as specified by the specific purchase order agreement. The final report shall document TAPP project activities over the entire period of support and shall describe the achievements with respect to stated TAPP project purposes and objectives. $203.18 Conflict of interest and disclosure requirements. The Department of Defense shall require each prospective assistance provider on any contract to provide, with its bid or proposal: (a) Information on its financial and business relationship with the installation, RAB/TRC members, or any/all potentially responsible parties (PRPs) at the site, and with their parent companies, subsidiaries, affiliates, subcontractors, contractors, and current clients or attorneys and agents. This disclosure requirement encompasses past and anticipated financial and business relationships, including services related to any proposed or pending litigation, with such parties. (b) Certification that, to the best of its knowledge and belief, it has disclosed such information or no such information exists. (c) A statement that it shall disclose immediately any such information discovered after submission of its bid or after award. The contracting officer shall evaluate such information and shall exclude any prospective contractor if the contracting officer determines the prospective contractor has a potential conflict of interest that is both significant and cannot be avoided or otherwise resolved. If, after award, the contracting officer determines that a conflict of interest exists that is both significant and cannot be avoided or resolved, the contract will be terminated for cause. (d) Contractors and subcontractors may not be technical assistance providers to community members of RABS/TRCS at an installation where they are performing cleanup activities for the Federal or State government or any other entity. §203.19 Appeals process. DoD Components will establish an appeals process to settle potential disputes between the Department of Defense and the public regarding certain decisions arising out of the TAPP process. The Department of Defense recognizes that the RAB/TRC may disagree with the findings of the installation commander that a proposed TAPP project is ineligible, either because of the availability of alternate sources of assistance or because the project does not meet the eligibility criteria established in this part. It is in the best interests of the Department of Defense and the community members of RABS and TRCS to anticipate and avoid disputes and to work cooperatively to resolve potential differences of opinion. However, in certain circumstances, the RAB/TRC community members may feel that their needs were not adequately served by the decisions of the Department of Defense. In this instance, the hierarchical structure and chain-of-command within each DoD Component will serve as the avenue for appeal. Appeals will be considered within the chain-of-command, and, in general, will be resolved at the lowest level possible. The highest level of appeal will be at the DoD Component Deputy Assistant Secretary level with authority over the DERP and BRAC environmental programs. Inherently governmental functions, such as the procurement process governed by the FAR, are not subject to appeal. The public reporting burden for this collection of information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for information Operations and Reports (0704-0392), 1215 Jefferson Davis Highway, Sulle 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for falling to comply with a collection of Information it does not cleplay a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO INSTALLATION LISTED IN SECTION I, BLOCK 1. SECTION I-TAPP REQUEST SOURCE IDENTIFICATION DATA 1. INSTALLATION 2. SOURCE OF TAPP REQUEST (Name of Restoration Advisory Board (RAB) or Technical Review Committee (TRC) & PROJECT PURPOSE AND DESCRIPTION (State anticipated goals of project and relate to increased understanding/participation in restoration process at the installation. Include descriptions, locations, and timetables of products or services requested.) 9. STATEMENT OF ELIGIBILITY (Refer to eligibility criteria in S203.10 and S203.11 of TAPP rule. Note other sources that were considered for this support and state reasons why these sources are inadequate.) 10. ADDITIONAL QUALIFICATIONS OR CRITERIA TO BE CONSIDERED (Additional qualifications (beyond those specified in S203.12) a provider should demonstrate to perform the project to the satisfaction of the RAB/TRC. Attach separate statement, if necessary.) 15. PROVIDER QUALIFICATIONS (Attach separate statement, if necessary. A statement of qualifications from the proposed technical assistance provider will be acceptable.) 16. ALTERNATE PROPOSED PROVIDER (If known. Attach additional pages as required.) a. NAME b. ADDRESS (Street, Apt. or Suite Number, City, State, ZIP Code) c. TELEPHONE NUMBER (Include Area Code) 17. ALTERNATE PROVIDER QUALIFICATIONS (Attach separate statement, if necessary. A statement of qualifications from the proposed technical assistance provider will be acceptable.) |